These conditions (the "Conditions") apply exclusively to the relationship between HANKO SÀRL ("HANKO", "the service provider", "HANKO WEB DESIGN" or the "Company") and the author of the order (the "Customer") and govern their relationship with respect to any product or service order through the Site www.hanko.lu/web-design (the "site") or for any order sent by e-mail to info@hanko.lu.
HANKO WEB DESIGN is an agency specializing in the production of digital services. It integrates the fields of website design, referencing and positioning in search engines and website hosting.
General
These Conditions are deemed to be known to any Customer placing an order regardless of the mode, and is worth the Customer's unreserved acceptance of said Conditions. They are accessible at any time on the website of HANKO WEB DESIGN on the page Terms and Conditions and will prevail, where applicable, over any other version and over the customer's own conditions of purchase. Any clause to the contrary is deemed unwritten. The applicable GCS are those in force on the day of validation of the order.
HANKO reserves the right to modify these Terms at any time.
Description of benefits and services
The services offered
The provider offers the client the following services:
- Creation of a website
- Referencing and positioning in search engines (SEO)
- Website hosting and domain name purchase
- Create your business listing on Google
Benefit-related services
The service provider may make available to the client for the development of the project, the following services:
- Publication site (test and acceptance testing)
- Collaborative platform
- File exchange platform
- Training and Support
Ownership
All intellectual or industrial property rights, including trademark rights, literary and artistic property rights, in particular reproduction, representation and adaptation rights, rights to computer software or files, rights to the content of databases data, known as "sui-generis rights", relating to the specific developments carried out by the provider for the client will become his property subject to payment of the price. Consequently, it will be free to modify or reproduce all the pages of the website, files, programs or other components for an unlimited period.
The texts and documents used are the exclusive property of their author and may not be reused, even for non-public and non-commercial purposes, without the written consent of the author concerned. The customer declares to have concluded the necessary contracts or agreements with the authors involved in the creation of the website and to have been fully informed of its obligations in this regard and releases the service provider from any liability in the event of recourse by third parties.
The service provider remains the owner of the know-how used during the execution of the contract and is free to use it for any other purpose, in particular for the creation of other websites. In particular, he may freely reuse the software elements and codes developed specifically for the customer.
Placing the order
The customer can place an order directly on the provider website and choose the payment method that suits him best. In the event that an estimate summarizing the characteristics of the service requested, in particular its content and price, has been requested, the estimate in question is signed by the customer then returned to the service provider by e-mail accompanied, depending on the case, either by a deposit or by full payment. The order is then final.
The quote is valid for 30 days from the date of issue.
Progress of the service
As part of certain projects, the service provider draws up the Specifications in collaboration with the client: the technical elements specific to the project are described there. It is signed and preceded by the words "Good for agreement" by the client prior to the start of the work by the service provider.
The service is performed over the given period in accordance with the schedule provided (provisional schedule) in the Specifications.
Once the work is completed, the service provider delivers the project and offers the client the signing of the Acceptance Report. The client will then be able to record any reservations if the project delivered does not correspond to the expectations defined in the Specifications.
In addition, he will have a period of 30 days to request by e-mail the provider to make corrections in the event of non-faithful compliance with the expectations defined in the Specifications.
Rates and billing
The prices indicated on the site can be modified at any time. The prices invoiced are those in force at the time of the order. Prices are inclusive of VAT and in euros. Duties and taxes will be invoiced at their legal rate at the time of invoicing.
As part of a website development service, if a change in prices occurs, it will be notified in advance to the customer by mail.
Any change in the terms of the service compared to that described in the initial estimate will be invoiced separately after acceptance by the customer of the price change.
Method of payment and delay
As remuneration for the service provided, the provider will receive the sums, the amounts and terms of payment of which are provided for in the estimate or indicated on the website.
Unless waived in writing by the provider, payment for the project must be made according to the following terms:
- 100% cash, with order, non-refundable
- Monthly payments, according to the amount indicated on the website or agreed on the estimate. The first monthly payment is payable when ordering.
The method of payment in force is bank transfer, credit card, PayPal or direct debit. Any other method of payment requires the prior agreement of the provider.
In the event of total default of payment for the project, the client must pay the service provider a late payment penalty calculated on the basis of three times the rate the legal interest in force on the day of invoicing of the project. This penalty is calculated on the amount including tax of the sums remaining due, and runs from the due date of the invoices plus 5 working days without the need for prior formal notice.
In the event of a delay or payment incident, the provider reserves the right to suspend the execution of the project, which does not exonerate the customer for payment of all sums due and any surcharges applied.
Delivery
All delivery times announced are calculated in working days.
Delivery times are given for information only and in no way constitute a commitment by the provider. Notwithstanding this reservation, the provider will do everything in its power to respect the deadlines it may indicate.
A delivery report will be signed upon receipt of the project ordered. Complaints about apparent defects or non-compliance of the project delivered with the project ordered must be made on the delivery report.
Any modification made to the Specifications / estimate / order form, as well as any addition of new components or web pages will be the subject of a new estimate or a new invoicing.
Obligations, responsibilities and specific declarations of the client
For a good collaboration with the provider, the client undertakes to communicate as soon as possible all the documents and data necessary for the proper execution of the project.
The customer expressly undertakes not to offer illegal or legally prohibited goods on its website, to respect the intellectual property of other sites and more generally works of the mind, literature, artistic and other as well as copyrights and trademark owners.
The customer declares to be the holder of a right of ownership or a right to use or license the trademarks, patents, software used or mentioned on the website.
The customer undertakes to take charge of and ensure that any authorizations relating to copyright or related rights arising therefrom are obtained.
The information disseminated on the website after it has been put online is under the sole and exclusive responsibility of the customer.
The customer is solely responsible for the custody and use of the identifiers that the provider has transmitted to him.
The client undertakes not to penetrate the computer systems of the provider or attempt to do so.
The customer undertakes to immediately inform the provider in the event of a breakdown or malfunction of the website.
The customer guarantees the provider against any recourse by third parties relating to the content of its services and services, under any legislation whatsoever.
Under no circumstances may the customer claim any compensation from the provider following the interruption of services following a payment incident.
Obligations, responsibilities and specific declarations of the service provider
As part of the performance of its services, the provider does not assume an obligation of result but of means. It cannot be held responsible for any direct or indirect consequences that may affect the customer or its customers. This disclaimer of warranty is considered essential and decisive by the service provider who would not have contracted without it.
It is expressly agreed that if the responsibility of the provider was retained within the framework of the execution of this contract, the customer could not claim other indemnities and damages and interest than the reimbursement of the costs incurred by him under this contract.
If the customer makes changes himself or involves a third party, the service provider is no longer liable.
The provider has no control over the content sent by the client, whether through his web space or the emails he may send or receive. . Under no circumstances shall the provider be held liable as a result of any action or recourse by third parties, in particular for violation of an intellectual, literary, artistic property right or even for the propagation words, images or sounds constituting defamation, denigration or undermining privacy, morality or public order.
The provider can in no way be held responsible for the speed of access to the website of the customer, access difficulties and this because of the characteristics and limits of the 'Internet, which the customer declares to know. The provider can also not be held responsible in particular for the non-delivery of e-mails. More generally, the provider cannot be held responsible for any degradation of the website having a direct or indirect impact on the results or the image of the client.
The service provider cannot be held liable in the event of malicious entry into the web space of the customer or for hacking of the latter's mailboxes.
In no way, the responsibility of the provider can be sought in case of negligence, fault or omission or failure of the customer, non-compliance with the advice given or even negligence, fault or omission of a third party over which he has no power of control or supervision.
The provider cannot be held responsible for the consequences of the introduction of a computer virus into the Web server or the Web site affecting its proper functioning, as well as an interruption of connection to the Internet for a cause beyond the control of the provider.
The provider cannot be held responsible for the consequences of the introduction of a computer virus into the Web server or the Web site affecting its proper functioning, as well as an interruption of connection to the Internet for a cause beyond the control of the provider.
The provider reserves the right to modify at any time the characteristics of its technical infrastructures and the choice of its suppliers. They undertake that these changes will not alter the performance of the service offered to the customer.
The provider may interrupt its service for maintenance reasons but undertakes to keep the interruption as short as possible.
As developers of Internet services, the provider is not responsible for problems related to computers that visit the site as well as their possible misconfiguration.
The service provider declines all responsibility for the integration on the website of the customer of an online payment kit. The customer is solely responsible for the proper functioning of the payment system and undertakes to carry out the operating tests himself by carrying out a transaction and checking his debit with his bank. In addition, if there is an addition of a promotion code, the customer undertakes to carry out the tests. Finally, the provider declines all responsibility for the security of the online payment kit.
Retention of title – Transfer of risk
The provider reserves ownership of the goods or the provision to the customer of the services sold, until full payment of the price, in principal and incidental. In the event of default in full payment, the provider reserves the right, after reminding the customer, not to continue the service or to recover the goods.
In the event of proceedings for the safeguard, recovery or judicial liquidation of the customer, ownership of the goods delivered and remaining unpaid may be claimed by the service provider. As the goods remain the property of the service provider until full payment of their price, the customer is prohibited from disposing of them for resale or processing before this payment.
These general conditions of sale do not prevent the transfer of risks to the customer upon delivery of the goods sold.
Privacy
Each of the parties undertakes in its own name and in that of its collaborators to consider as confidential, during the term of this contract and after its expiry, the documents, systems, software, know-how from the other party of which it could have had knowledge on the occasion of its execution not to use them outside the needs of this agreement.
This obligation does not apply to information that has fallen into the public domain or whose disclosure has been authorized in writing by the party concerned.
The provider may have access to the personal data of the customer.
Case of force majeure – fortuitous event
The parties are not held liable in the event of a delay or non-performance of one of the obligations for which they are responsible when the cause of the delay or non-performance arises from a case of force majeure or fortuitous. The case of force majeure or fortuitous event suspends the obligations arising from the contract for the duration of its existence. These include cases of failure of the public electricity distribution network, failure of the public telecommunications network, loss of Internet connectivity due to public or private operators, wars, storms, earthquakes.
Termination of the contract
The contract may be terminated automatically, without judicial or extra-judicial formality, if one or other of the parties breaches the obligations stipulated in these GCS and Special Conditions specified in the estimate, and does not remedy this breach in the months of receipt of a formal notice by registered letter with acknowledgment of receipt or extra-judicial act, without compensation and without prejudice to the sums remaining due and to any damages.
In the event of termination on the Customer's initiative, the sums due to the Service Provider for the remaining period of the duration of the contract will be immediately payable. Any service started is due in full.
Applicable law and competent jurisdiction
For all disputes relating to the performance of the contract between HANKO and the Customer, the Commercial Court of Luxembourg will have sole jurisdiction. These Conditions, as well as any contract entered into by the Company and subject to them, will be governed by and governed by Luxembourg law.
Miscellaneous
The photos and graphics on the site are only indicative and do not bind the Company, just as the Company cannot be held responsible for typographical errors. All the texts and images presented on the site, for the whole world, are reserved under copyright and intellectual property, their reproduction, even partial, is prohibited.
The principal undertakes to hold the reproduction rights of the brand, logos, images, texts, or other, and this in compliance with the conditions of validity provided for this purpose by the industrial property code. Acting in defiance of these rules would constitute the offense of counterfeiting. The Company will ask to produce all the necessary authorizations for all official or other documents, if necessary, before the production of the website.
Computing and Freedom
HANKO is committed to protecting your personal data. All personal data concerning you that we have collected is treated with the strictest confidentiality, in accordance with the provisions of our personal data protection policy. When you order, we only ask you for the information that is essential to ensure the quality of our services and the processing of your order. We do not sell, trade or rent this information to third parties. You have the right to access and rectify the data concerning you. To exercise this right, you can modify the information concerning you at any time using your username and password by accessing your account or by sending an email to info@hanko.lu.
By adhering to these Terms, you acknowledge that you have read our personal data protection policy and consent to our collection and use of this data.